Sale of property on dissolution of huf

Manoj (Querist) 01 September 2011 This query is : Resolved

HUF of Self Acquired property of ‘A’, A acting as karta of HUF consisting of Two Sons ‘B ’the elder and ‘C’ the younger ‘A’ expired., thereafter ‘B’ became the karta, managing the HUF. Thereafter, HUF was dissolved. At this stage ‘B’ has two Sons B-I and B-II, and ‘C’ has one son ‘C-I’.
My query is as follows :
(1) As HUF of ‘A’ consisted of his self acquired property, and after he expired the HUF was dissolved, now my question is how will the property of HUF of ‘A’ will be distributed amongst “B” and his two sons, B-I and B-II, and ‘C’ his son ‘C-I’ .
(2) How will they acquire the property of “A”, what about the rights and share of “B” and his two sons, B-I and B-II, and ‘C’ and his son ‘C-I’. whether the property of “A” will be distributed equally amongst “B” and his two sons, B-I and B-II, and ‘C’ and his son ‘C-I’ or will be distributed amongst them as per their choice or will.
(3)Whether “B” and his two sons, B-I and B-II, and ‘C’ and his son ‘C-I’ can sale their part of property acquired on dissolution separately or together.
(4)Suppose HUF of “A” consisted of Ancestral property, and on expiry HUF is dissolved in that situation what will be the rights and share of “B” and his two sons, B-I and B-II, and ‘C’ and his son ‘C-I’. Whether they will be able of sell the property to someone else separately or together.
(5) What are the legal points that should be taken care of when any property of HUF that is dissolved is sold in case of HUF of Self acquired property and HUF Of ancestral property.

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prabhakar singh (Expert) 02 September 2011
The half of ownership of A will go to B side and next half to the side of C.
In case it was ancestral in hands of who died intestate,B B1 &B2 each will get 1/6 and C &C1 each will get 1/4.

Both of ways of sale conceived by you are possible,however for separate sale buyers may insist for partition more particularly when property is a dwelling.